We have the experience in handling full range of matters in maritime transport. Countless underwriters, owners, charterers, financial institutions and other firms of maritime interest rely on our robust expertise.

Our firm possesses expertise in banking and financial transactions. We have
had experience of initiating and perfecting the most intricate instruments.

The firm renders full-fledged specialized Company Secretarial Services through its subsidiary, Broadsec Nominees.

As counsel to one of the largest independent oil marketing companies in Nigeria we have been called upon to advise on acquisition of a liquefied gas company with storage and bottling facilities ,The exercise was a huge success.

INTERNATIONAL CONFERENCE
ON
PROMOTING

MARItIMe
ARBITRATIOn ANd aLtERNATiVE
DISPUTE RESOLUTIon
IN THE WEsT AND ENTRAL AFRICAN SUB-REGION

the nigerian
MARITIME ADMINISTRATION AND sAFETY AGENCY[NIMASA] IN
COLLABORATION WITh the maritime aSSOCIATIONOF
NIGERIA [MAAN]

on the
27th – 28thAPRIL
201<0

at

THE FEDERAL PALACE HOTEL, victoria island, lagos

“MODALITIES FOR SETTING UP A RegIONAL CenTRe fOR MARItIMe DISPUTE
RESOLUtION”

By

Oritsematosan
EDODO – EMORE LLM, [Lond] BL

MODALITIES FOR SETING UP A RegIONAL
CenTRe fOR MARItIM
DISPUTE RESOLUTION

1.0
INTRODUCTION

2.0
MARITIME LEGISLATIVE HISTORY OF THE WEST AND CENTRAL AFRICAN SUBREGION

2.1 A valuable
way to commence the process of setting up a Regional Centre for maritime dispute
resolution is to investigate the maritimenlegislative
histories of the countries which form the West and Central African
subregion.These countries are Mauritania,Senegal.Mali, the Gambia,
Guinea-Bissau,Guinea-Conakry,Sierra Leone, Liberia, Côte d’Ivoire,Bukina Faso,
Niger,Ghana, Togo, Benin , Nigeria, Cameroun, Equatorial Guinea,Gabon, Republic
of Congo, Democratic Republic of Congo,Chad, Central African Republic, Cape
Verde, Sao Tomé and Principé , and Angola.

2.2 The
maritime legislative histories and heritage of
these countries are influenced by their colonial administrators
namel, France, Belgium,Great
Britain,Germany, Portugal and the United States of America as indicated in the
table below..

COUNTRIES

COLONIAL ADMINISTRATORS

1.MAURITANIA

FRANCE

2.SÉNÉGAL

FRANCE

3.MALI

FRANCE

4.THE GAMBIA

GREAT BRITAIN

5.GUINEA-BISAU

PORTUGAL

6.GUINEA-CONAKRY

FRANCE

7.SIERRA LEONE

8.LIBERIA

GREAT BRITAIN

THE UNITED STATES OF AMERICA

9.CÔTE D’IVOIRE

FRANCE

10.BUKINA-FASO

FRANCE

11.NIGER

FRANCE

12.GHANA

GREAT BRITAIN

13.TOGO

GERMANY,FRANCE

14.BENIN

FRANCE

15.NIGERIA

GREAT BRITAIN

16.CAMEROUN

FRANCE,GERMANY, GREAT BRITAIN

17.EQUATORIAL GUINEA

SPAIN

18.GABON

FRANCE

19.REPUBLIC OF CONGO

FRANCE

20.DEMOCRATIC REPUBLIC OF CONGO

BELGIUM

21.CHAD

FRANCE

22.CENTRAL AFRICAN REPUBLIC

FRANCE

23.CAPE VERDE

PORTUGAL

24.SAO TOME &PRINCIPÉ

PORTUGAL

25.ANGOLA

PORTUGAL

2.3 Thus the root of
maritime and the Hanseatic League of Germany .

2.4na[Spain] to mention but a few
and the Hanseatic League of Germany .

of Luke vLyde[1759]97ER614@617,
[1759]2BURR882@887 that “maritime law is not the law of a particular country ,
but the general law of nations ” Thus even the muncipal maritime laws tend to be
harmonized with the general law of nations namely maritime conventions.

3.0 tend to be
harmonized UNIVERSALITY OF
MARITIME DISPUTES

3.1 UNIVERSALITY OF
MARITIME DISPUTES

3.1 and the municipal laws of the relevant
countries. Resolution of maritime disputes in the subregion will follow the same
broad pattern.

4.0 Resolution of maritime disputes in WHY A REGIONAL CENTRE
FOR RESOLUTION OF MARITIME DISPUTES?

4.1 REGIONAL CENTRE
FOR RESOLUTION OF ADVANTAGES OF A
REGIONAL CENTRE

4.2; ADVANTAGES OF A
REGIONAL CENTRE

is to
encourage regional integration, solidarity and unity of its people and member
States. To achieve these objectives Regional Economic Communities[REC] have been
established to stimulate socio-economic activities generated by trade,whether
local, international or regional.

4.3 socio-economic activities generated by trade,whether
local, international or regional.

4.3 In the West and Central
African subregion,in the subregion.

4.4 The Market

Commercial activities naturally generate conflicts which must be
resolved either through litigation and the court process or by Alternative
Dispute Resolution through mediation ,conciliation and arbitration.

MOWCA is made up of 20 coastal and
5 landlocked countries.

COUNTRIES

COASTAL OR LANDLOCKED

ANGOLA

COASTAL

BENIN

COASTAL

CAMEROUN

COASTAL

CAPE VERDE

COASTAL

REPUBLIC OF THE CONGO

COASTAL

DEMOCRATIC REPUBLIC OF THE CONGO

COASTAL

CÔTE D’IVOIRE

COASTAL

GABON

COASTAL

THE GAMBIA

COASTAL

GHANA

COASTAL

GUINEA-CONAKRY

COASTAL

GUINEA-BISSAU

COASTAL

EQUATORIAL GUINEA

COASTAL

LIBERIA

COASTAL

MAURITANIA

COASTAL

NIGERIA

COASTAL

SAO TOMÉ PRINCIPÉ

COASTAL

SÉNÉGAL

COASTAL

SIERRA LEONE

COASTAL

TOGO

COASTAL

BUKINA FASO

LAND LOCKED

CENTRAL AFRICAN REPUBLIC

LAND LOCKED

CHAD

LAND LOCKED

4.5 The coastal states are
likely to generate direct maritime disputes while the
landlocked countries may generate ancillary issues.In any event the large number
of littoral states in the subregion and international comof maritime disputes to be resolved. The
market for maritime dispute resolution is ready and available.

4.6s to be resolved. The
marFragmentation of
Maritime Dispute Resolution Centres and the economies of scale

The absence of a regional centre for maritime dispute resolution
means that all 25 countries in the subregion may individually set up

The absence of a regional centre for maritime dispute resolution
means that all 25 countriesof maritime dispute resolution centres with each country developing its own
framework.

4.7 itime dispute resolution centres with each country developing its own
framework.

4.7 Such a proposition takes no
cognisance of economies of scale, as some states in the subregion are among the
poorest countries in the world and setting up their own centres would be a drain
on meagre economic resources. However, the establishment of a
regional centre fortransnational centre for the resolution of maritime disputes in the subregion.

4.8
transnational centrHarmonization of Laws
and the Rules of Procedure

Given that the subregion is made up of countries whose legal
roots are embedded in

Given that the subregion is made up of countries whose legalbusiness laws and the
rules of procedure operating in the subregion . Of particular relevance is the
law of contracts and the laws of arbitration and alternative dispute resolution.

The question“what is the lex arbitri of the
Regional Centre ”? will surely arise.

4.9 It is known that some
civil code countries have a procedure which
enables a high court to severe or strike out an arbitration
clause in a contract, thus empowering parties to file fresh action at the high
court if period of limitation has not expired.

4.10arties to file fresh action at the high
couwould become
necessary to have a uniform approach as regards understanding the laws governing
contractual obligations,uniformity in matters of procedure and enforcement of
arbitral awards.

4.11 Capacity building and development
of maritime intellectual

Setting up of maritime intellectual skills

Setting up a regional centre for resolution
of maritime disputes in the subregion will
lead to the building and development of maritime intellectual skills. Work in the centre will lead to the establishment
of a databank of judges skilled in maritime and commercial matters, maritime
arbitrators, maritime lawyers , maritime scholars and institutions sa place of choice for stake
holders.

4.12in the subregion and beUniformity of Court assistance of
arbitration and the ADR process

Court assisancetance of
arbitration and the ADR process

the ADR process

In the course of its work , the regional centre will require
peremptory orders to compel parties to act, preservative orders , stay of
proceedings ,injunctions>

In the course of its work , the regional centre will require
peremptory orders to compel parties to act, preservative orders , staarbitration
and the ADR process. Some see the latter as competition.

4.13 arbitration
and the ADR process. Some see the latter as competition.

4.13 Yet in order to run a sucessful
regional centre for resolution of maritime disputes it is
important that the centre receives uniform support from satisfy
the needs of stake holders in the subregion. A legislation such as the
International Arbitration Act comes to mind.

5.0lation such as the
International Arbitration Act comes to mind .

5.0 PRACTICAL STEP to be
taken:

5.1olution ,there are certain practical steps that need to be
taken:

5.1 Governmental Support

purely private sector driven

’? Should it be a public private sector partnership.?

5.2rely private sector driven
’? Should it be a public private sector partnership.?

5.2 Considering the
divergent economic and financial standing of countries in the
sub region , it would be governments should aid the the process need to be
established from the onset.

5.3ernments should aid the the process need to be
established from the onset.

5.3 In my considered view
governmental assistance here need not be and in fact should not be direct
financial injection giving it any kind of control over or in the decision making
process of the regional centre. However governmental assistance should be one of
playing coordinating suppoPromotion of the Regional
Centre

Governments in the subregion should take practical steps to
promote the centre as a venue of choice for resolving maritime disputes.This is
achieved by nominating the regional centre as the place of settlement of
disputes in all government contracts having maritime or
international flavour.

ii. government contracts having maritime or
international flavour.

Manpower Development.

Government has a subtantial role to play in the development and
sustenance of maritime intellectual and bdispute
resolution skills in the subregion.

Lawyers from different jurisdictions should be able to represent
parties at the regional centre without being called to the bar of the country
where the centre is located.

iii. to the bar of the country
where the centre is located.

iii.
Education

Adat universites in the subregion.

Finally institutions such as the Nigerian Law School and its
equivalent in the subregionn.

Finally institutions such as the Nigerian Law School and its
equivalent in the subregion in collaboration with local
Arbitration institutions such as the Chartered Institute of
Arbitrators,should organise and admit students for courses where they can
prepare for and receive professional training in maritime dispute
resolution.

5.4 Legal Framework and Hamonisation of laws

The countries individually and collectively
need to enact and harmonise enabling legislation regarding Location of the regional centre

As quick as possible, the location of the
regional centre must be decided. The factors to be considered in choosing the
location of the centre should be guided by practical economic and business
interests such as,availability of materials to keep the
centre functioning. The location must a port
city that has thriving business and commercial activites.It
should be a place with robust legal
activities-arbitrators, maritime and commercial lawyers, skilled maritime and
commercial judges,supporting court system and sound intellectual
support-universities, polytechnics,arbitration institutions etc.

6.0 CONCLUSION

From the foregoing, it is clear that the time
has come for the establishment of a Regional Centre for
maritime dispute resolution in the West and Central African
subregion.it is a project that calls for the support of all countries in the
subregion.

Tradehob is a social networking site for professionals, Job seekers where they can
apply and submit their CVS, recruiters can recruit and contact shortlisted candidates
immediately without harsles or stress, freelancers can bid and apply for projects,
business owners can read reviews about their business, They can list their business.
On tradehob you will find latest jobs in different categories like oil and gas,
IT(Information Technology) jobs, Customer service jobs, accounting jobs, telecommunication
jobs etc. You can also recruit candidates, shortlist them all in one sitting. Tradehob
also features business reviews, free company listings. Connect with your customers
on tradehob. Visit www.tradehob.com to get started